- Email: [email protected]
Introduction to juvenile delinquency: Youth and the law
572
BOOK
coauthor.) Section Three, “The Police Involvement with Guns,” reviews the literature on police use of deadly force and firearms use in the murder of police officers. The fourth section, “The Effects of Gun Control Laws,” reviews the literature on whether strict handgun control laws have had an impact on homicide and suicide rates. The bulk of the research reviewed was conducted by the author and a coauthor, and their findings are illustrated in one chapter in this section, “The Influence of Handgun Control Laws on Personal Violence.” With this one exception, the question of the effectiveness of the laws is not addressed and therefore is unanswered. The final section, “Issues and Answers,” as the author states, “ . . .will survey some of the proposals that have been made for restricting the role of guns as agents of death and the arguments for and against these proposals.” The section does just that. We are treated to a review of the various policy suggestions from registration to competency tests to banning private sales to mandatory sentencing for gun crimes. There is no systematic evaluation of these proposals, the pros and cons of implementing these particular policy options, or of their anticipated effectiveness. There is some review of the articles that have evaluated several mandatory sentencing statutes, but Lester fails to mention the debate over the question of at what point in time one evaluates an intervention. The time dimension is critical because we need to know whether the changes in crime rates, gun related robberies, and so forth are real, or simply a function of the publicity surrounding the introduction of the law or other similar factors. Additionally, in this chapter, the author lists the five major reasons, supposedly, for opposing controls of guns. However, these reasons were drawn from a 1969 article, and it is possible that some or all of the reasons are no longer valid or that there are other reasons for opposition to gun regulation not included in the five. Lester’s book, therefore, misses the mark in several ways. First, for those scholars
KE\‘IE\\‘S
familiar with the literature and debate on the issue of gun regulation/gun control, there is nothing to be gained from this particular endeavor. In fact, as a literature review the book is incomplete. Several major studies and evaluations have been omitted. Second, Lester attempts to cover too much ground and, as a result, does not cover any area well, except possibly for the area of firearms suicide. which apparently is the author’s primary research interest. And finally, Lester attempts to draw causal inferences from little or no systematic analysis or original empirical information. Consequently, we have nothing but supposition and assumption about the effectiveness of gun control laws and their impacts on the various areas covered in the book.
Paula D. McClain School of Public Affairs Arizona State University Tempe, Arizona 85297
Introduction to Juvenile Delinquency: Youth and the Law by James T. Carey and Patrick D. McAnany. Prentice-Hall, Inc. (Englewood Cliffs, New Jersey 07632), 1984, 405 pp., $26.95 True to their stated intentions, the authors make a valiant attempt to outline the differences between law and the social sciences when applied to juvenile justice, to examine not only’case law related to juvenile offenders but to expand to include organizational forces shaping the way in which juvenile law is applied in various components of the juvenile justice system, especially the juvenile court. They attempt to do all this while still ensuring full coverage to delinquency causation, corrections, and prevention. That they fall short certainly does not appear to result from lack of effort. Indeed, one would expect subsequent editions to provide much more sub-
BOOK
REVIE\I’S
stantive information in sections that now contain primarily allusions and speculations. This is not to imply that the book is without substance-quite the contrary. It may well be that too much is pulled together into one bundle. In fact, one might ask whether the concept of “introductory” is appropriate. With that general background, let’s look at what the book does do. First it attempts to integrate what is happening in society that brings about changes in the law and changes in practices related to juvenile justice. In turn, the impact of changes in the law are examined in terms of effects on society and on juvenile justice practices-not an easy task. After introductory chapters outlining the dimensions of delinquency, bringing in the legal aspects and placing these concerns within the appropriate historical background, several chapters are devoted to the various theories of delinquency. The approach is interesting, and the material could serve well to refresh the memories of those already well-grounded in the theories, but the presentations are not sufficiently structured to impart knowledge fully to those encountering these ideas for the first time. The discussion of labeling theory illustrates some of the difficulties encountered in attempting a clear picture of the various theories. Without too much transitional information, the reader finds that the focus has changed from the labeling perspective to radical theory, and it is not easy to make the transition. Within this framework, there is a stalwart attempt to review research associated with each of the theories. Unfortunately, some of the attempts to find a match between research and theory are remarkably forced. For example, the behavior modification program of the National Training School finds its place within the discussion of cultural deviance theory. Along with the review of research, policy implications of the various theories are also presented. Thus, it is little wonder that the entire package falls somewhat short of perfection. Many theories were developed without the slightest consideration being given to practi-
573
cal applications or major policy concerns. On the other hand, much of the research has been related to common sense program applications with little or no regard to theoretical antecedents. Thus, when the authors try to develop some logical links through this maze, they employ considerable speculation. Further, the whole process of assessing the validity of theories through research is still to be fully developed in practice, a problem clearly recognized in the text. First, a theory must be translated into a program that can be implemented. Second, the program that is implemented must reflect the essential elements of the theory. Too often practical problems reshape the actual program activities into forms quite different from the plan and design. Third, intervening variables must be adequately measured. The tendency has been to leap from program to outcome without first determining if the program is achieving the intermediate goals essential for the long range desired outcome. In very few situations are programs expected to bring about change directly-it is usual that some short-term change is to be effected that should then lead to the end product that is the long-term objective. Vocational training might be an example. If we jump from program participation to recidivism, a great deal might be missed. A theoretical formulation might posit that vocational training provides employable skills, that these skills in turn increase self-esteem, and that improved self-esteem will lead the individual to a more satisfying life-style that does not include behavior leading to recidivism. In order to test these ideas adequately, we would have to determine if the program developed employable skills-if it was intense enough, modern enough, of sufficient duration, and if it was attuned to current labor market trends. Then we would have to determine to what extent having employable skills was related to self-esteem. Only after clear assurrances that these intermediate steps have been achieved and that they supported the underlying theory can one examine recidivism.
574
BOOK
All this is to say that finding .research support for theories is a difficult task. and that the authors should be applauded for their attempt. With all these concerns taken into account, the authors then examine various aspects of juvenile justice and the role of law within each structure-delinquency prevention, law enforcement, the juvenile court, correctional institutions, and community corrections. The culmination of the book is a depiction of what the future might hold, working from the base of the recommendations of three august bodies. In the application of law to various criminal justice and juvenile justice functions, there is a tendency to conclude that the law, by its very existence, will shape behavior completely. Although no one could argue with the idea that legal structures cause large changes in the behavior of various actors toward conformity with expectations, it is widely felt that a great deal of behavior may be modified only slightlysometimes the same basic activities will continue but under a different label, in an attempt at outward compliance. For example, although academics, administrators, and legislators argue that treatment programs do not work, correctional counselors, correctional officers, and parole agents continue to design, promote, and implement treatment programs in various operating agencies. Even the various materials presented by the authors support this view. Despite strong forces leading to adversarial proceedings since the introduction of attorneys following Gaulr mandates, the juvenile court process has changed very little. With regard to the changing culture in the juvenile court, the authors do an excellent job of describing the various factors associated with the emergence of due process and the safeguards for individuals. They as mentioned above, that despite note, these influences the court tends to continue without major shifts. However, they also observe accurately that a number of subtle changes are taking place, changes that may well lead to major shifts over time. In the area of treatment, discussed within
RE\‘IEM
S
the framework of the shift in society’s orientation from supportive treatment toward retribution and just deserts, the demise of the medical model and the idea that youth respond to treatment are dealt with far too summarily. A great many more forces discussed by Lipton, Martinson, and Wilks (1975) were exerting strong influences. And the work of Thomas Szasz was of decidedly minor concern within this scene. Although in a sense the prediction of dangerous behavior played a part, the concept of determining who was “ready” for release under indeterminate sentencing systems raised questions concerning the equity of punishment. Radical sociologists and social reformers saw these manuevers as using treatment as a cover for the imposition of unnecessarily long periods of confinement. At any rate, the complexity of the subject demands considerably more discussion than this book presents. Within this area of concern, the authors do provide a good discussion of the underlying problem of free will and determinism when the punishment/treatment controversy is presented. However, the whole concept of prediction as related to the just deserts model is overlooked. In almost all grids developed for sentencing, there is either an implicit or explicit concern with the preventation of future behavior. Of course, a true just deserts sentence would be in terms of past behavior only. Any attempt to curtail the future offending of a given individual either through preventive detention or increased punishment loops us back into some sort of a medical model, predicting violent or recidivist behavior. These concerns rapidly lead to a variety of abstract aspects of sentencing in general but particularly related to the treatment vs. retribution dilemma of the juvenile court. Despite their complexity and level of abstraction, a fair amount of discussion is essential to an understanding of the total process and of why we are where we are today. This level of discourse further suggests that this book may not be best suited for an introductory course; rather it might be used better as a text for those moving
BOOK
toward administrative roles in juvenile justice, assisting them in gaining a clearer picture of the various forces impacting on each of the components of the juvenile justice system. The concluding section of the book provides an excellent overview of the recomfrom several distinguished mendations groups: the Institute of Judicial Administration and the American Bar Association; The National Advisory Commission on Criminal Justice Standards and Goals; and the Office of Juvenile Justice and Delinquency Prevention, National Advisory Committee for Juvenile Justice and Delinquency Prevention. Reports from these groups (completed from 1976 through 1980) form the basis for outlining what the future of juvenile justice might look like in the years ahead. Foremost among the anticipated changes, a shift already started but seen as accelerating as a result of changes in the law, is the move away from rehabilitation toward individual accountability and the protection of society. Along with this, of course, is a move toward objective, uniform sentences based upon the offending behavior rather than the needs of the individual youth. All along the line, greater objectivity will be stressed, again reducing the discretion of various actors to deal with issues on an informal, individualized basis. Due process will be further emphasized by a greater insistence on the inclusion of attorneys in the juvenile court process. Sentences will be more structured,
RE\‘IE\\‘S
575
both for institutional placement and for community dispositions. Of perhaps greatest importance is the shifting of greater responsibility onto the juvenile offender, not only in terms of his/her behavior but also in the area of self protection in legal and treatment discussions. The authors feel that sound theory can still be of value in the juvenile justice field, but considerable change in emphasis will have to be involved. In summary, although somewhat uneven in quality and sometimes difficult to read, this book seems more suitable as an advanced text than as an introductory work. Despite these concerns, however, the book makes a sound contribution to the field in the attempt to blend theory, practice, and the law, with attention paid even to available research. The process leads to the examination of a number of contradictions and complexities of the system (such concerns as the attempt to apply the “least restrictive alternative” policy within a just deserts model of sanctioning) that should prove stimulating to researchers, theory builders, and practitioners to work toward a more coherent juvenile justice system.
Lawrence A. Bennett Crime Prevention and Enforcement Division U.S. Department of Justice Washington, D.C. 20531
BOOK
coauthor.) Section Three, “The Police Involvement with Guns,” reviews the literature on police use of deadly force and firearms use in the murder of police officers. The fourth section, “The Effects of Gun Control Laws,” reviews the literature on whether strict handgun control laws have had an impact on homicide and suicide rates. The bulk of the research reviewed was conducted by the author and a coauthor, and their findings are illustrated in one chapter in this section, “The Influence of Handgun Control Laws on Personal Violence.” With this one exception, the question of the effectiveness of the laws is not addressed and therefore is unanswered. The final section, “Issues and Answers,” as the author states, “ . . .will survey some of the proposals that have been made for restricting the role of guns as agents of death and the arguments for and against these proposals.” The section does just that. We are treated to a review of the various policy suggestions from registration to competency tests to banning private sales to mandatory sentencing for gun crimes. There is no systematic evaluation of these proposals, the pros and cons of implementing these particular policy options, or of their anticipated effectiveness. There is some review of the articles that have evaluated several mandatory sentencing statutes, but Lester fails to mention the debate over the question of at what point in time one evaluates an intervention. The time dimension is critical because we need to know whether the changes in crime rates, gun related robberies, and so forth are real, or simply a function of the publicity surrounding the introduction of the law or other similar factors. Additionally, in this chapter, the author lists the five major reasons, supposedly, for opposing controls of guns. However, these reasons were drawn from a 1969 article, and it is possible that some or all of the reasons are no longer valid or that there are other reasons for opposition to gun regulation not included in the five. Lester’s book, therefore, misses the mark in several ways. First, for those scholars
KE\‘IE\\‘S
familiar with the literature and debate on the issue of gun regulation/gun control, there is nothing to be gained from this particular endeavor. In fact, as a literature review the book is incomplete. Several major studies and evaluations have been omitted. Second, Lester attempts to cover too much ground and, as a result, does not cover any area well, except possibly for the area of firearms suicide. which apparently is the author’s primary research interest. And finally, Lester attempts to draw causal inferences from little or no systematic analysis or original empirical information. Consequently, we have nothing but supposition and assumption about the effectiveness of gun control laws and their impacts on the various areas covered in the book.
Paula D. McClain School of Public Affairs Arizona State University Tempe, Arizona 85297
Introduction to Juvenile Delinquency: Youth and the Law by James T. Carey and Patrick D. McAnany. Prentice-Hall, Inc. (Englewood Cliffs, New Jersey 07632), 1984, 405 pp., $26.95 True to their stated intentions, the authors make a valiant attempt to outline the differences between law and the social sciences when applied to juvenile justice, to examine not only’case law related to juvenile offenders but to expand to include organizational forces shaping the way in which juvenile law is applied in various components of the juvenile justice system, especially the juvenile court. They attempt to do all this while still ensuring full coverage to delinquency causation, corrections, and prevention. That they fall short certainly does not appear to result from lack of effort. Indeed, one would expect subsequent editions to provide much more sub-
BOOK
REVIE\I’S
stantive information in sections that now contain primarily allusions and speculations. This is not to imply that the book is without substance-quite the contrary. It may well be that too much is pulled together into one bundle. In fact, one might ask whether the concept of “introductory” is appropriate. With that general background, let’s look at what the book does do. First it attempts to integrate what is happening in society that brings about changes in the law and changes in practices related to juvenile justice. In turn, the impact of changes in the law are examined in terms of effects on society and on juvenile justice practices-not an easy task. After introductory chapters outlining the dimensions of delinquency, bringing in the legal aspects and placing these concerns within the appropriate historical background, several chapters are devoted to the various theories of delinquency. The approach is interesting, and the material could serve well to refresh the memories of those already well-grounded in the theories, but the presentations are not sufficiently structured to impart knowledge fully to those encountering these ideas for the first time. The discussion of labeling theory illustrates some of the difficulties encountered in attempting a clear picture of the various theories. Without too much transitional information, the reader finds that the focus has changed from the labeling perspective to radical theory, and it is not easy to make the transition. Within this framework, there is a stalwart attempt to review research associated with each of the theories. Unfortunately, some of the attempts to find a match between research and theory are remarkably forced. For example, the behavior modification program of the National Training School finds its place within the discussion of cultural deviance theory. Along with the review of research, policy implications of the various theories are also presented. Thus, it is little wonder that the entire package falls somewhat short of perfection. Many theories were developed without the slightest consideration being given to practi-
573
cal applications or major policy concerns. On the other hand, much of the research has been related to common sense program applications with little or no regard to theoretical antecedents. Thus, when the authors try to develop some logical links through this maze, they employ considerable speculation. Further, the whole process of assessing the validity of theories through research is still to be fully developed in practice, a problem clearly recognized in the text. First, a theory must be translated into a program that can be implemented. Second, the program that is implemented must reflect the essential elements of the theory. Too often practical problems reshape the actual program activities into forms quite different from the plan and design. Third, intervening variables must be adequately measured. The tendency has been to leap from program to outcome without first determining if the program is achieving the intermediate goals essential for the long range desired outcome. In very few situations are programs expected to bring about change directly-it is usual that some short-term change is to be effected that should then lead to the end product that is the long-term objective. Vocational training might be an example. If we jump from program participation to recidivism, a great deal might be missed. A theoretical formulation might posit that vocational training provides employable skills, that these skills in turn increase self-esteem, and that improved self-esteem will lead the individual to a more satisfying life-style that does not include behavior leading to recidivism. In order to test these ideas adequately, we would have to determine if the program developed employable skills-if it was intense enough, modern enough, of sufficient duration, and if it was attuned to current labor market trends. Then we would have to determine to what extent having employable skills was related to self-esteem. Only after clear assurrances that these intermediate steps have been achieved and that they supported the underlying theory can one examine recidivism.
574
BOOK
All this is to say that finding .research support for theories is a difficult task. and that the authors should be applauded for their attempt. With all these concerns taken into account, the authors then examine various aspects of juvenile justice and the role of law within each structure-delinquency prevention, law enforcement, the juvenile court, correctional institutions, and community corrections. The culmination of the book is a depiction of what the future might hold, working from the base of the recommendations of three august bodies. In the application of law to various criminal justice and juvenile justice functions, there is a tendency to conclude that the law, by its very existence, will shape behavior completely. Although no one could argue with the idea that legal structures cause large changes in the behavior of various actors toward conformity with expectations, it is widely felt that a great deal of behavior may be modified only slightlysometimes the same basic activities will continue but under a different label, in an attempt at outward compliance. For example, although academics, administrators, and legislators argue that treatment programs do not work, correctional counselors, correctional officers, and parole agents continue to design, promote, and implement treatment programs in various operating agencies. Even the various materials presented by the authors support this view. Despite strong forces leading to adversarial proceedings since the introduction of attorneys following Gaulr mandates, the juvenile court process has changed very little. With regard to the changing culture in the juvenile court, the authors do an excellent job of describing the various factors associated with the emergence of due process and the safeguards for individuals. They as mentioned above, that despite note, these influences the court tends to continue without major shifts. However, they also observe accurately that a number of subtle changes are taking place, changes that may well lead to major shifts over time. In the area of treatment, discussed within
RE\‘IEM
S
the framework of the shift in society’s orientation from supportive treatment toward retribution and just deserts, the demise of the medical model and the idea that youth respond to treatment are dealt with far too summarily. A great many more forces discussed by Lipton, Martinson, and Wilks (1975) were exerting strong influences. And the work of Thomas Szasz was of decidedly minor concern within this scene. Although in a sense the prediction of dangerous behavior played a part, the concept of determining who was “ready” for release under indeterminate sentencing systems raised questions concerning the equity of punishment. Radical sociologists and social reformers saw these manuevers as using treatment as a cover for the imposition of unnecessarily long periods of confinement. At any rate, the complexity of the subject demands considerably more discussion than this book presents. Within this area of concern, the authors do provide a good discussion of the underlying problem of free will and determinism when the punishment/treatment controversy is presented. However, the whole concept of prediction as related to the just deserts model is overlooked. In almost all grids developed for sentencing, there is either an implicit or explicit concern with the preventation of future behavior. Of course, a true just deserts sentence would be in terms of past behavior only. Any attempt to curtail the future offending of a given individual either through preventive detention or increased punishment loops us back into some sort of a medical model, predicting violent or recidivist behavior. These concerns rapidly lead to a variety of abstract aspects of sentencing in general but particularly related to the treatment vs. retribution dilemma of the juvenile court. Despite their complexity and level of abstraction, a fair amount of discussion is essential to an understanding of the total process and of why we are where we are today. This level of discourse further suggests that this book may not be best suited for an introductory course; rather it might be used better as a text for those moving
BOOK
toward administrative roles in juvenile justice, assisting them in gaining a clearer picture of the various forces impacting on each of the components of the juvenile justice system. The concluding section of the book provides an excellent overview of the recomfrom several distinguished mendations groups: the Institute of Judicial Administration and the American Bar Association; The National Advisory Commission on Criminal Justice Standards and Goals; and the Office of Juvenile Justice and Delinquency Prevention, National Advisory Committee for Juvenile Justice and Delinquency Prevention. Reports from these groups (completed from 1976 through 1980) form the basis for outlining what the future of juvenile justice might look like in the years ahead. Foremost among the anticipated changes, a shift already started but seen as accelerating as a result of changes in the law, is the move away from rehabilitation toward individual accountability and the protection of society. Along with this, of course, is a move toward objective, uniform sentences based upon the offending behavior rather than the needs of the individual youth. All along the line, greater objectivity will be stressed, again reducing the discretion of various actors to deal with issues on an informal, individualized basis. Due process will be further emphasized by a greater insistence on the inclusion of attorneys in the juvenile court process. Sentences will be more structured,
RE\‘IE\\‘S
575
both for institutional placement and for community dispositions. Of perhaps greatest importance is the shifting of greater responsibility onto the juvenile offender, not only in terms of his/her behavior but also in the area of self protection in legal and treatment discussions. The authors feel that sound theory can still be of value in the juvenile justice field, but considerable change in emphasis will have to be involved. In summary, although somewhat uneven in quality and sometimes difficult to read, this book seems more suitable as an advanced text than as an introductory work. Despite these concerns, however, the book makes a sound contribution to the field in the attempt to blend theory, practice, and the law, with attention paid even to available research. The process leads to the examination of a number of contradictions and complexities of the system (such concerns as the attempt to apply the “least restrictive alternative” policy within a just deserts model of sanctioning) that should prove stimulating to researchers, theory builders, and practitioners to work toward a more coherent juvenile justice system.
Lawrence A. Bennett Crime Prevention and Enforcement Division U.S. Department of Justice Washington, D.C. 20531